• No results found

OIL INDIA LIMITED, DULIAJAN.

N/A
N/A
Protected

Academic year: 2023

Share "OIL INDIA LIMITED, DULIAJAN. "

Copied!
38
0
0

Loading.... (view fulltext now)

Full text

(1)

Page 1 of 4

OIL INDIA LIMITED, DULIAJAN.

(A GOVERNMENT OF INDIA ENTERPRISE) P.O. DULIAJAN – 786602, ASSAM

NOTICE INVITING TENDER

1.0 OIL INDIA LIMITED invites applications (as per format enclosed herewith & available at OIL’s website- www.oil-india.com) in duplicate along with requisite documents as indicated for hiring the following service:

Tender Number DCT8325P16

Description of Service Hiring the services of Brand New, Fully Built, Airconditioned Ambulances (to be supplied by Vehicle Manufacturer), fitted with all standard accessories and fittings as may be required, manufactured & purchased after issuance of LOA, on one-applicant/bidder-one-vehicle basis ,for round-the-clock duty(i.e. for 24- hr.) or as specified by the Company, to be stationed at OIL's operational areas in Assam and Arunachal Pradesh for a period of 4(four) years from the date of placement.

Category of Ambulances: Make & Model:

A . Make: FORCE TRAVELLER AMBULANCE(AC) , Model :WB3350,BS- III,VP37 Or With Latest Emission Norms .

B. Make :CHEVROLET TAVERA AMBULANCE(AC),Model :NEO 3MAX Or With Latest Emission Norms .

Approx. present requirement of Ambulances

Force Traveller Ambulance (AC): 5(Five) Nos.

Chevrolet Tavera Ambulance (AC): 3(Three) Nos.

Number of applicants to be selected provisionally

through lottery (Nos.)

11(Eleven) Nos.

Application receipt date(s) 21.09.2015 to 28.09.2015 (except 25.09.2015) Application receipt time Week days: From 7:45 AM to 10:45 AM &

From 12:45 PM to 03:30 PM Saturday: From 7:45 AM to 10:45 AM.

Application receipt venue / Lottery venue

Office Premises of Contracts Department, OIL, Duliajan.

Lottery date 13.10.2015

Bid Security(EMD) Rs.10,000.00 (To be submitted through Pay In Slip only) Applicable rates:

Item No.

Description of Service Unit in Words

Rate per Unit (Rs.)

Year 2015 Year 2016 Year 2017 Year 2018 Year 2019 10 Fixed charge for Force

Traveller Ambulance per month per Ambulance

MONTH 87254.74 92123.52 96982.12 101823.36 106652.01 20 Running charge for Force

Traveller Ambulance per KM per Ambulance at HSD price of Rs. 52.09 per litre

KM 5.71 5.71 5.71 5.71 5.71

30 Fixed charge for Chevrolet Tavera Ambulance per month per Ambulance

MONTH 81046.82 85880.13 90754.43 95613.23 100483.87 40 Running charge for

Chevrolet Tavera

Ambulance per KM per Ambulance at HSD price of Rs. 52.09 per litre

KM 5.24 5.24 5.24 5.24 5.24

The Fixed Charge per month is inclusive of the following as below:

a) Ambulance for 24 hours with services of 03(three) sets of crews per Ambulance, each crew consisting of at least one(01) driver & one(01) helper/ attendant based on round the clock duty of each Ambulance and is inclusive of wages of regular driver(s), relief driver(s) for rest days, holidays and other emoluments like bonus etc. as per MoS dated 24.01.2014.

b) The offered Fixed Charges include all liabilities including statutory liabilities but is exclusive of PF, ESI, cost of uniform of the drivers, helpers/attendants & applicable Service Tax.

(2)

Page 2 of 4

Service Tax, if applicable, shall be to the Company’s account. However, Service Tax portion payable directly by the Service Provider (if applicable) shall be reimbursed to the Contractor on the basis of the documentary evidence.

Applicants are advised to submit Service Tax Registration Nos. In case, an applicant does not possess Service Tax Registration No. at the time of submitting the application, he/she shall be required to submit the same if considered for issuance of LOA.

Monthly Wages of Drivers & Helpers/Attendants :

Description Year wise Rates(Rs.)

Year 2015 Year 2016 Year 2017 Year 2018 Year 2019 Monthly Wage of Driver (for 8 hrs.

daily duty) 9375.08 10155.08 10935.08 11715.08 12495.08

Monthly Wage of Helper/Attendant

(for 8 hrs. daily duty) 6671.08 7191.08 7711.08 8231.08 8751.08 Note:

The wage component in the above rates is based on Govt. of India notified wages and MoS dtd: 24.01.2014.Any revision in the Govt. of India notified rates will accordingly be considered during the pendency of the contract.

2.0 Only one application in standard format (as given below and also available at OIL’s website www.oil- india.com) in duplicate, duly signed by the applicant will be received from one applicant at a time as per date &

time as in Para-1.0 above. Each applicant will have to personally submit the application with his / her recent color passport photograph attached in the original application. Applications will be accepted only after verification of the photograph with the applicant. As a proof of submission of Bid Security amount of Rs.10,000.00 ; the duly filled/submitted original application form must accompany proper copy of the “Pay-In-Slip” issued from any one of the following banks of Duliajan in favour of OIL INDIA LIMITED, DULIAJAN:

(i) Allahabad Bank, Duliajan (ii) Allahabad Bank, Tipling Tinali (iii) Allahabad Bank ,AGCL (iv) Canara Bank (v) Central Bank of India (vi) Indian Bank (vii) Indian Overseas Bank (viii) State Bank of India (ix) Union Bank of India (x) United Bank of India (xi) UCO Bank

Refund of Bid Security will be made in the name of applicant only.

3.0 Salient Selection Procedure for award of contract:-

(a) On receipt of an application, a five digit number will be allocated to each applicant. The allocated number will be considered for the draw of lots to be held as per the schedule mentioned in Para-1.0 above to select applicants provisionally against the tender. It must be understood that the provisionally selected applications after draw of lots will be strictly scrutinized as per Para-4.0 below and only those applicants fulfilling the conditions will be considered for further processing.

(b) Only the short listed (through draw of lots) eligible applicants will be considered for further processing and shall be asked to submit the following documents:

(I) Self- attested copy of any one of the following documents as proof of age that is written in the application:

(i) Birth certificate issued by the district office of registrar of births and deaths, municipal authority or any other competent govt. authority ( ii)Passport (iii) Driving license (iv) School certificate from the school last attended (v) An affidavit sworn before an executive magistrate / notary stating the place / date of birth, (vi) PAN Card (vii) Admit Cards from state govt. educational bodies like SEBA

(II) Self-attested copy of any one of the following document as proof of address that is written in the application:

(i) Ration card (ii) Passport (iii) Voter identity card (iv) Current electricity bill (v) Recently paid telephone bill (DOT-landline) (vi) Current water bill (vii) Latest income tax assessment order (viii) Driving licence (ix) Statement of running bank account (x) Permanent Resident Certificate (PRC), certificates from Gaon Burah / Gaon Panchayat / CO / BDO / OBC association / DC .

Note: Permanent Resident Certificate (PRC) stamped as “FOR EDUCATIONAL PURPOSE” by issuing

authority shall not be acceptable.

(3)

Page 3 of 4

(c) The short listed (through draw of lots) eligible applicants only will be considered for further processing and shall be asked to submit an affidavit in original in the prescribed format. In addition, the non-dependent Son(s)/Daughter(s) of OIL employees shall have to submit a joint declaration in the form of affidavit in original by the applicant & applicant’s parent as per format. If the same is found to be in order, the party shall be considered for issuance of LOA (Letter of Award).

(d) A Tender Fee of Rs.2000/- will be deducted from EMD of the parties to whom LOA shall be issued.

(e) Contracts on the basis of “One Applicant/Bidder-One-Vehicle” will be awarded to the successful (as detailed above) parties as per priority of the Draw-of-Lots against actual requirement of the Company. The contract shall be as per offered rates and other terms and conditions of the tender.

Note: The detailed rates, terms and conditions of the tender may be viewed at OIL’s website www.oil- india.com and also may be seen at the office of the Head-Contracts, Duliajan.

(f) Remaining Successful parties will be kept in a waiting list with a validity period of 1(one) year from the date of Draw-of- Lots for any future requirement. However, OIL reserves the right to extend the validity of the Waiting List/Priority List suitably.

(g) 'Draw-of-lots' will be held at 8:30 a.m. on the specified dates mentioned in the table above at the office of Head-Contracts, OIL, Duliajan.

(h) Number of parties to be selected provisionally in the 'Draw-of-Lots' against the tender is 11(Eleven) Nos., but the contract shall be awarded as per OIL’s requirement only.

4.0 Applications will be rejected in the following cases:-

(a) If the application is not submitted in the standard specified application format given.

(b) If the application format is not signed by the applicant.

(c) If the application is not accompanied by proper copy of Pay-in-Slip as a proof of deposit of Bid Security / EMD in the specified manner.

(d) If the age of the applicant is found to be below 18 years on the date of submission of application.

(e) If applicant’s name/address /date of birth (either or more) is/are not written in the standard application format given.

(f) If the address happens to be of OIL’s Quarters / Settlement Area / OIL Premises (excluding “OIL Market”

& “Public Bus Stand”, Duliajan). However, this clause shall not be applicable for Sons/ Daughters of OIL employees in service who are not dependent of OIL employee as per OIL’s policy.

(g) If the applicant happens to be an OIL employee in service or dependent of any OIL employee in service.

(h) If the applicant happens to be an employee or dependent of any employee of any Government / Quasi Government / Public Sector Undertaking.

(i) Application shall be received from individuals only. If any application is found to be in the name of any firm / organization / enterprise / company, it shall be rejected.

(j) In case, supporting document(s) of address proof and / or supporting document of age proof etc. given by the shortlisted (through draw of lots) applicant does not match with that written in the submitted application form, such application(s) may not be considered for further evaluation and liable for rejection.

(k) If at any stage it is found that an applicant has submitted more than 1 (one) application in his / her name

against the tender, i.e. either after the submission of applications or during scrutiny of applications of provisionally

selected applicants through Draw of Lots or during pendency of award of contract, then all the applications

submitted by such applicant(s) will be rejected and the amount of Bid Security/EMD against all such applications

and / or the Performance Security submitted, if awarded contract(s) to such applicant(s), will also be forfeited.

(4)

Page 4 of 4

(l) If during the pendency of award of contract, it is found that an applicant has withdrawn the EMD, without prior approval from OIL, then the application(s) of such applicant(s) will stand rejected and will not be considered for award of contract(s).

5.0 The payment of monthly Salary / Wages to the Driver(s),Helper(s)/Attendant(s) must be made through A/C payee Cheque by the contractor. The contractor must also submit certificate(s) (declaration/s as per format may be seen at the office of the Head-Contracts or Head-Transport) duly signed by both the contractor & Driver(s)/

Helper(s)/Attendant(s) along with the monthly statement-cum-kilometerage bill of each subsequent month in support of payment of the wages to driver(s),helper(s)/attendant(s) as per MoS dated 24.01.2014.

6.0 In case that an applicant / contractor has furnished fraudulent document / information, the Bid Security / Security Deposit shall be forfeited and the applicant / contractor shall be debarred for period of 3(three) years from date of detection of such fraudulent act.

7.0 In case LOA (Letter of Award) issued is accepted by the applicant and the Security Money / Performance Security is not submitted as per terms of the tender / contract within the time specified, the Bid Security shall then be forfeited and the applicant shall be debarred for 02(two) years from the date of default.

8.0 OIL INDIA LIMITED reserves the right to reject any / all applications / bids without assigning any reasons whatsoever.

9.0 In case of any unprecedented Bundh / Holiday on the last date of receipt of applications or / and on the date of “Draw-of-lots”, the same will be the next working day.

10.0 All corrigenda, addenda ,amendments, time extension, clarifications etc. to the tender will be hosted on the OIL’s website only and no separate notification shall be issued in the press. Prospective applicants are requested to regularly visit the website to keep themselves updated.

HEAD-CONTRACTS

Date: 28.08.2015 FOR RESIDENT CHIEF EXECUTIVE

(5)

APPLICATION FORMAT

Tende Tender No. DCT8325P16–Hiring of AC Ambulances (Force Traveller/ Chevrolet Tavera) (To be filled in full and submitted in duplicate along with copy of Pay In Slip)

I hereby submit my application for participating in the above tender with details as below:- 1. FULL NAME OF APPLICANT

(in CAPITAL letters)

2. FATHER’S NAME OF APPLICANT (in CAPITAL letters)

3. SEX (Tick √ in appropriate box) Male Female 4. DATE OF BIRTH :

D D M M Y Y Y Y

5. ADDRESS OF APPLICANT(in CAPITAL letters) :

____________________________________________________________________________________________

Village / Town: _________________________________ PO.:_____________________________________

P.S.:_______________________ District:_______________________ PIN:________________________

Contact Telephone No(Mobile/Land) : _______________________________________________________________

6. OIL Vendor Code No.

(if available, please provide or tick √ No) If Yes (Code No)

No 7. Whether working in Central Govt. / State

Govt. / PSU (Tick √ in the box ) Yes No 8. Whether dependent of any employee in

Central Govt. / State Govt. / PSU (Tick √ in box)

Yes No

9. Tick √ in the box any one of the Pay-in-Slip Issuing Bank & Branches at Duliajan below where Pay-in- Slip has been processed :-

 Allahabad Bank, Duliajan

 Allahabad Bank, Tipling Tinali

 Allahabad Bank, AGCL

 Canara Bank

 Central Bank of India

 Indian Bank

 Indian Overseas Bank

 State Bank of India, Duliajan

 Union Bank of India

 United Bank of India

 UCO Bank 10. Bid Security / EMD Details

(Copy of Pay-in-Slip is to be submitted along with the application)

Pay in Slip No: _________________________ dated ____________

Amount : Rs._________________________(In Figures) [(Rupees ___________________________) only(In Words)]

SELF DECLARATION :-

1.0 The information furnished by me in this format and enclosures are true and correct and I am solely responsible for their accuracy. In case any information provided by me is found to be false, my application is liable to be rejected and contract awarded to me, if any, will be terminated and OIL will be at liberty to initiate action as deemed fit against me.

I also understand & confirm that if I am selected for award of contract and I withdraw the Bid Security / EMD without prior knowledge or approval of OIL, then my application will be rejected, and contract will not be awarded to me. Also I shall have no claim whatsoever against the Company in this regard.

2.0 I also confirm that I have not submitted any other application in my name other than this application against this tender and if found violating of the same, then my applications will be rejected and Bid Security / EMD will not be refunded to me & shall be forfeited & I shall have no claim whatsoever against the Company in this regard.

3.0 Further I hereby confirm my acceptance to all the rates, terms and conditions of the above noted tender.

___________________________________________

OIL Office Seal : (Full Signature of the Applicant with Date below) Recent colour

passport photograph of the

Applicant(To be pasted) FOR OFFICE USE ONLY

Application No:

Date : ___________ Received by:

___________

(6)

SL.NO. WHAT TO CHECK YES (√) NO(×) 1 HAVE YOU WRITTEN YOUR NAME CORRECTLY ?

2 HAVE YOU WRITTEN YOUR FATHER’S NAME CORRECTLY ? 3 HAVE YOU WRITTEN YOUR DATE OF BIRTH CORRECTLY ? 4 HAVE YOU WRITTEN YOUR ADDRESS CORRECTLY ? 5 HAVE YOU GIVEN THE VENDOR CODE( IF AVAILABLE) ? 6 HAVE YOU PUT TICK (√) MARK IN APPROPIATE BOXES IN

APPLICATION SERIAL NOS. 7 & 8 OF THE APPLICATION FORM ? 7 HAVE YOU ENTERED BID SECUTITY DETAILS IN APPLICATION

SERIAL NO. 10 ?

8 HAVE YOU SIGNED IN FULL IN THE PLACE GIVEN FOR FULL SIGNATURE OF THE APPLICANT ?

9 HAVE YOU ATTACHED THE PROPER COPY OF PAY IN SLIP WITH THE APPLICATION FORM ?

IMPORTANT:

THE PROOF OF THE ADDRESS THAT IS WRITTEN BY THE APPLICANT IN THE APPLICATION

FORM WILL BE REQUIRED TO BE SUBMITTED BY THE APPLICANT ONCE HIS/HER

APPLICATION IS SELECTED IN LOTTERY AND ALSO AS AND WHEN REQUIRED. PLEASE SEE THE ADDRESS WRITTEN IN YOUR ADDRESS PROOF DOCUMENT PRIOR TO WRITING THE ADDRESS IN THE APLICATION FORM .

THE PROOF OF THE DATE OF BIRTH

THAT IS WRITTEN BY THE APPLICANT IN THE APPLICATION FORM WILL BE REQUIRED TO BE SUBMITTED BY THE APPLICANT ONCE

HIS/HER APPLICATION IS SELECTED IN LOTTERY AND ALSO AS AND WHEN REQUIRED.

PLEASE SEE THE DATE OF BIRTH WRITTEN IN YOUR DATE OF BIRTH PROOF DOCUMENT PRIOR TO WRITING THE DATE OF BIRTH IN THE APLICATION FORM .

APPLICATION WILL BE REJCTED STRAIGHTWAY IF THE AGE OF THE APPLICANT IS FOUND TO BE BELOW 18 YEARS ON THE DATE OF SUBMISSION OF APPLICATION.

(7)

OIL INDIA LIMITED (A Govt. of India Enterprise)

Contracts Department Duliajan-786602, District: Dibrugarh, Assam DESCRIPTION OF SERVICES:

HIRING THE SERVICES OF BRAND NEW, FULLY BUILT,AIRCONDITIONED AMBULANCES (TO BE SUPPLIED BY VEHICLE MANUFACTURER),FITTED WITH ALL STANDARD ACCESSORIES AND FITTINGS AS MAY BE REQUIRED, MANUFACTURED & PURCHASED AFTER ISSUANCE OF LOA,ON ONE-APPLICANT-ONE-VEHICLE BASIS ,FOR ROUND-THE-CLOCK DUTY(I.E. FOR 24-HR.) OR AS SPECIFIED BY THE COMPANY,TO BE STATIONED AT OIL'S OPERATIONAL AREAS IN ASSAM AND ARUNACHAL PRADESH FOR A PERIOD OF 4(FOUR) YEARS FROM THE DATE OF PLACEMENT.

Category of Ambulances: Make & Model:

A. Make: FORCE TRAVELLER AMBULANCE(AC) , Model :WB3350,BS-III,VP37 Or With Latest Emission Norms

B. Make :CHEVROLET TAVERA AMBULANCE(AC),Model :NEO 3MAX or With Latest Emission Norms ,

GENERAL CONDITIONS OF CONTRACT (GCC)

This service contract agreement (herein after referred to as Contract') made on this ______________

day of_________________, 20__ between OIL INDIA LTD, a body corporate and established under the Companies Act 1956, having its registered office at Duliajan, Assam, PIN - 786602 (hereinafter called

‘Company' which expression shall unless otherwise provided, include its executors, successors, administrators and permitted assignees) on one part

AND

Shri/Smti/M/s... carrying on business as proprietor / partners / Company under the name and style of ______________________________________ and having his/her/their Registered/Main Office in the State of _________________ and governed by the Indian Laws (hereinafter called the "Contractor") which expression unless repugnant to the context shall include its Executors, Successors, Administrators and permitted Assigns on the other part.

Whereas, the Company desires to hire the above mentioned services.

Whereas, the Contractor represents that he/she/they has/have adequate capacity to undertake the aforesaid service and is equipped with fully trained personnel capable of adequately operating and providing the required services.

NOW IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1.0 DEFINITION AND CONDITIONS GOVERNING THE SERVICES In this contract, unless the context otherwise requires:

1.1 "AGREEMENT" means this service agreement.

1.2 "AREA OF OPERATIONS" means the Company's oilfield operations in the States of Assam and Arunachal Pradesh.

1.3 "BASE STATION" means the station as set out in Part-II (SOQ) hereof where the vehicle(s) / equipment shall be permanently based, (i.e. based for minimum period of 10 (Ten) days at a stretch) which may be changed at the discretion of the Company.

(8)

1.4 "BID OPENING DATE" means the date on which the Tender was opened by the Company against the finalisation of this agreement.

1.5 "BREACH OF CONTRACTUAL OBLIGATION" means amongst others also the following:

i) Carriage of unauthorised passengers by the Transport Supplier while under this agreement with the Company.

ii) Unauthorised use of the vehicle(s)/equipment when released to the Transport Supplier for undertaking its deployment for any other business purpose.

iii) Withdrawal of vehicle(s)/equipment from the service before expiry of the term of this Agreement for any reason whatsoever without the consent/instruction of the Company Engineer and;

iv) Failure of the Transport Supplier to place the vehicle(s)/equipment for periodic inspection as per schedule as directed by Company's Engineer.

v) Failure to park the vehicle(s)/equipment after release on close of working hours at place designated by Company's Engineers.

vi) The vehicle must be owned and registered in the name of the contractor during the entire tenure of the contractual period including extension period, if any.

1.6 "COMPANY" means Oil India Limited.

1.7 "COMMENCEMENT OF SERVICE" means the date of placement of the first vehicle / equipment under this Agreement.

1.8 "COMPANY ENGINEER" means the following:

i) Head-Transport or his nominee in case of the following events:

a) Initial and subsequent inspection of vehicle(s)/equipment;

b) Scrutiny of documents regarding Transport Supplier's compliance with the requirements under this agreement for permits, licenses, insurance documents, employees roster etc;

c) Initial placement of vehicle(s)/equipment with a user department or

Daily allocation of vehicle(s) / equipment in the area of operations of the Company;

d) Release of vehicle(s)/equipment upon conclusion of this agreement;

e) Assessment of time to be allowed for repairs in case of accident;

f) Release of vehicle(s)/equipment and termination of this agreement in case of complaints as to its deteriorated mechanical condition

or

Unruly behavior of the crew or repeated defaults by the Transport Supplier; and

g) Instruct Transport Supplier to replace by more suitable hand of Driver(s)/crew engaged for operating the vehicle/equipment.

ii) The Head of the user department or his/her nominee in case of the following:

a) Normal day-to-day operation of service after placement under the respective department;

b) Release of vehicle(s)/equipment for maintenance/inspection/fuelling c) Release of vehicle(s)/equipment for daily/periodic fuelling;

d) Allotment of daily duties and timings for reporting and release;

e) Certification of daily log sheets;

f) Authentication of monthly statement-cum-bill

g) Determination of undisputed instances of shutdown or standby, liquidated damages and penalties for defaults on breach of contract.

iii) Head-Contracts in case of the following events:

a) Release/forfeiture of Security Deposit/Earnest Money (Bid Security);

b) Any dispute under this Agreement as to the Transport Supplier's obligations or otherwise;

c) Determination of instances of shut down or standby due to Force Majeure, Bundhs etc. or defaults or otherwise in case of dispute by the Transport Supplier.

1.9 CREW: Means Supervisors, Operators, Drives, Handymen/ Helper(s)/Jugalees attached to the vehicle(s)/equipment, as defined in the Clause: 1.13, 4.10.

(9)

1.10 "DUE DATE OF PLACEMENT" means the date stipulated in Clause No.8, Part-II (SOQ) hereof.

1.11 "DETERIORATED CONDITION OF VEHICLE/EQUIPMENT" means any vehicle(s) / equipment found not acceptable to Company's Engineer after mechanical inspection or/and vehicle(s) / equipment found to be unworthy of undertaking the services envisaged under the provisions of this Agreement or/and vehicle(s)/equipment which is/are facing repeated breakdown due to inadequate, improper and timely repairs and maintenance and / or vehicle(s)/equipment refused by the Company's Engineer/user department as being unfit.

1.12 "DAILY LOG BOOK" means the format as may be certified by the Company's Engineer on a day-to- day basis during the tenure of this Agreement.

1.13 "DRIVER / OPERATOR" means an individual possessing sound mental and physical health who must be in possession of an appropriate professional Driving License and P.S.V. Badge issued by the Regional Transport Authority who is having jurisdiction over the area of operations of the Company, who is (are) engaged by the Transport Supplier and provided with the service envisaged under this Agreement, cost whereof included in the fixed charge per month.

1.14(A) "DEFAULT" means any of the following commissions or omissions by the Transport Supplier or his/her crew which will lead to shut down of vehicle(s) and/or breach of contractual obligations:-

a) Delay in initial placement of vehicle(s) beyond the stipulated date;

b) Unsuitability of the Driver or assigned/Attendant and/or working crew;

c) Drunkenness and intoxication of the driver and/or the Attendant/crew;

d) Non-availability of vehicle(s)/equipment due to any reason, whatsoever, including but not limited to the following conditions:-

i) Deteriorated mechanical condition of the vehicle(s)/equipment and/or breakdown;

ii) Due to inadequate routine maintenance

iii) Time taken for routine servicing / maintenance in any particular month in excess of time allowed for such maintenance in any month

e) Non-possession of valid permits and licenses for the crew and vehicle(s)/equipment;

f) Non-supply of fuel;

g) Delay in placement of vehicle(s)/equipment on any day as per the instruction of the Company's Engineer and / or unauthorised and untimely release of vehicle(s)/equipment on any day without prior permission and authorisation from the Company Engineer during the tenure of this Agreement;

h) If the Transport Supplier bases the vehicle(s)/equipment at a station other than the stipulated Base Station without the authorisation of the Company Engineer;

i) Non-availability of vehicle(s)/equipment due to defects detected upon periodic inspection/tests by the Company;

j) Non-rectification of defects expeditiously upon detection by the Company Engineer upon inspection/test undertaken by the Company;

k) Non-availability of equipment/vehicle(s)/ crew beyond 48(Forty Eight) Hours allowable for repair / maintenance time per month;

l) Non-availability of the vehicle(s)/equipment or crew when required by the Company's Engineer;

and

m) Failure on part of the Transport Supplier to discharge his/her obligations as set out in Clause 4.0 hereof and/or failure on part of the Transport Supplier to abide with particular instructions as set out in Clause 5.0 hereof and/or failure on part of the Transport Supplier to obey the instruction of the Company's Engineer as set out in Clause 6.0 hereof.

n) Any other acts or omissions by the Transport Supplier or his/her crew whether specified or not hereof which disrupt the continuity of the service envisaged under this Agreement.

o) Non-availability of equipment/vehicle(s)/crew when the Company's operations are normal;

p) Non-availability of services due to unauthorised/lightening strike by Transport Supplier or his/her crew for any reason whatsoever. The period of non-availability of services will be treated as shutdown.

1.14(B) In case of defect not leading to shutdown, the Company's Engineer shall notify the Transport Supplier to remedy the defect within reasonable time and till such defect is remedied, if necessary the vehicle(s)/equipment shall be released to the Transport Supplier, whereupon it shall be treated as shut down

(10)

and the pro-rata fixed charge per day shall not be paid for the period of shut down and liquidated damages/penalty as applicable shall be levied too.

1.15 "FIXED CHARGE PER MONTH" means fixed charge mentioned under of Part-II(SOQ) hereof which will be inclusive of depreciation, parking fee if applicable, all applicable taxes & duties (but excluding Service Tax) as applicable, insurances, wages and other emoluments of Operator/Driver(s) /Helper(s) / Jugalees and other operation staff/crew inclusive of relief Operator / Driver(s) / Helper(s) / and other operating staff/crew, which the Transport Supplier will have to engage and provide at all times essentially for the continuous operation of the service envisaged under this Agreement. The Transport Supplier shall have to ensure full compliance with Motor Vehicles Act 1988 and Motor Transport Workers Act 1961 and the Rules framed there under all other applicable statutory acts as may be in force from time to time governing the engagement of staff, their conditions of service which must include minimum wages as per the aforesaid Acts, Statutory/weekly offs, holiday, overtime, annual leave etc. The Fixed Charges payable under this Agreement shall be deemed to be inclusive of all payments to be borne by the Transport Supplier on all such accounts.

Fixed charge also includes the cost of consumables as may be required for stipulated normal hours of duty at a stationary place when there is no km run.

1.16 "HOLIDAY" means the National Holiday defined under the Motor Transport Workers Act, 1961 as may be in force from time to time, which the Transport Supplier would be required to give to his/her Crew as per the aforesaid Act.

1.17 "NORMAL HOURS/TIMINGS OF DUTY" means the duty hours, which may be stipulated or instructed by the Company's Engineer.

1.18 "HANDIMEN/HELPER/JUGALEE" means such crew engaged by the Transport Supplier and provided with the vehicle/equipment, cost whereof is included in the Fixed Charge per month.

1.19 "INSPECTION" means initial/periodic inspection carried out by the Company's Engineer to ascertain road worthiness of the vehicle(s)/equipment along with necessary Permits, Insurance etc. for the vehicle(s)/equipment as well as all the Crew engaged against this contract. The Company's decision in this regard shall be final.

1.20 "INSURANCE" means comprehensive insurance of the vehicle(s)/equipment and shall include insurance of the crew.

1.21 "LICENCE AND PERMITS" means any and all of the following which must be valid and updated periodically by the Transport Supplier to the satisfaction of the Company:-

a) Professional driving license(s) and P.S.V. badge(s) for the driver(s)/Operator(s);

b) Registration Book(s) with endorsement of Road Tax;

c) Permits for plying the vehicle(s)/equipment for commercial purpose as may be required;

d) Road permits;

e) Fitness certificate

f) Innerline permit(s) for Arunachal Pradesh.;

g) Comprehensive insurance certificate(s) both for vehicle(s)/equipment as well as Crew;

h) Any other as required under law in force;

i) Pollution under control certificate

1.22(a) "LIQUIDATED DAMAGES" means pro-rata fixed charge per hour rate payable by the Transport Supplier in case of Default as mentioned in Para 1.14(A) sub clause (b) to (n) which shall be levied for the shutdown period on the basis of 0.5(Zero Point Five) times the rate subject to maximum of 12(Twelve) hours in a month arrived at on a cumulative basis. In case of continuing default beyond 12(Twelve) cumulative hours in a month, it would be treated, as breach of Contract and penalty as per clause No.1.27 will only be applicable.

1.22(b) "SPECIAL LIQUIDATED DAMAGES" means the amount payable by the Transport Supplier in case of default as mentioned in para 1.14 (A) sub clause (o) & (p) which shall be levied at the rate of twice the prorata fixed charge per day. Special L.D. shall be levied irrespective of whether such default resulted in a shutdown for the whole day or part thereof.

(11)

1.23 "LEAVE" means Annual Leave to be granted to the Crew who are employees of the Transport Supplier as per the stipulations of The Motor Transport Workers Act, 1961 as may be in force from time to time.

1.24 "MONTHLY KILOMETREAGE STATEMENT CUM BILL" means the format specified by the Company.

1.25 "HELPER/MAZDOOR" means an unskilled labourer employed by the Transport Supplier who may be engaged as per the requirements of the Company from time to time along with vehicle/equipment, in respect of whom payment shall be made as per the rates of Minimum Wages Act as applicable to Motor Transport Workers in the area of operations of the Company as may be in force from time to time in force under the MTV Act from time to time.

1.26(a) "PRO-RATA FIXED CHARGE PER DAY" means the Fixed Charge per month as per Item- 10 & 30 of Part-II(SOQ), divided by 30(Thirty) days.

1.26(b) "PRO-RATA FIXED CHARGE PER HOUR" means the amount accrued at per Clause 1.26(a) divided by 24 (Twenty Four) hours.

1.27 "PENALTY" means the amount payable by the Transport Supplier in the event of breach of contract as stated in clause 1.14 which shall be at a rate of the pro-rata fixed charge per day. Penalty shall be levied irrespective of whether such breach resulted in a shut down or otherwise.

1.28 "REGISTRATION" means the vehicle(s)/equipment having registration in the name of the Supplier(s)/Firm with the R.T.O. /D.T.O. having jurisdiction in the area of operations of the Company.

1.29 "RUNNING CHARGE PER KILOMETER" means the rates stipulated in Item-20 & 40, Para-11 of Part II(SOQ) hereof and shall be deemed to include all the expenditures of the Transport Supplier viz., cost of fuel, tyre / tube, battery & consumables like lubricants etc. and other maintenance expenditures including accessories involved towards movement of the vehicle(s)/equipment.

1.30 "STIPULATED HOURS OF SERVICE PER DAY" means hours of duty per day, normal hours/timings of duty whereof shall be determined by the Company's Engineer for which fixed charge shall be payable.

1.31 "STATUTORY ACTS" means all the State and Central Government statutes and regulations effecting the operation of the services under this Agreement as may be in force from time to time and shall particularly include but not be limited to the following:

a) The Motor Vehicle Act, 1988,

b) The Motor Transport Worker's Act, 1961,

c) The Contract Labour (Regulations & Abolition) Act, 1970, d) The Minimum Wages Act, 1948,

e) The Employees Provident Fund & Miscellaneous Act, 1952, f) The Oil Mines Act, 1972 and Oil Mines Regulation, 1984, g) The Workmen Compensation Act, 1923 &

h) Industrial Disputes Act, 1947

i) Industrial Employment (Standing Order Act, 1946)

j) Inter-state Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979 k) Payment of Wages Act, 1936.

l) Any other Act as applicable from time to time.

The Transport Supplier shall be solely responsible for compliance with all statutory acts at all times during the tenure of the service Agreement.

1.32(a) "SHUT DOWN" means disruption/non-availability of the Transport Service due to any of the defaults in Clause 1.14(A).

1.32(b) "SHUT DOWN" shall also mean the non-availability of the Transport service due to an accident.

1.33 "STAND BY" means any of the following "-

a) Payable fixed charge although the services are not available due to the following:-

(12)

i) For maintenance up to 48(Forty Eight) hours per month, counted from the beginning of the month, the Company shall pay the fixed charge on certification from the Head of the User Department that the shut down was due to maintenance of the vehicle(s)/equipment. This facility will be limited to maximum of 4(Four) instances in calendar month. Any excess shut down over 48 hours for maintenance shall be treated as default and Clause No.1.22 shall be applicable. Accumulation may be allowed up to a maximum of 4(Four) days i.e., 96(Ninety Six) hrs in a space of 3(Three) months which the Transport supplier will notify in writing at least 5(Five) days in advance. In case it is not availed in a space of 3(Three) months the facility will stand lapsed for that period. Shut down due to minor breakdown of the vehicle(s)/equipment (i.e., punctured tyre, minor mechanical adjustment etc.,) involving downtime up to a maximum of 1(One) hour shall not be included in the 48 (Forty Eight) hours time or counted towards shutdown which shall be allowed not more than 3(Three) instances in a calendar month.

ii) Re-fuelling time for the vehicle(s)/equipment stationed at Duliajan which shall not be more than 30(Thirty) minutes and not involving more than 5(Five) km at any instance subject to a maximum of 8(eight) re-fuelling in a calendar month. For vehicle(s)/equipment stationed at other base station the time and kms will be determined by the Company's Engineer considering the distance from the nearest petrol pump and subject to the maximum of 8(Eight) re-fuelling in a calendar month. In exceptional cases where running of the vehicle(s)/equipment is/are more than 3500(Three Thousand Five Hundred) Km/month, the Head of the user department will determine the additional no. of re-fuelling required. This Kilometer and time will not be charged to the Transport Supplier.

1.34 "STATUTORY OFF" means the off day per week or the compensatory off day in lieu thereof which the Transport Supplier is required to give to his/her operating crew as per the Motor Transport Workers Act, 1961 in respect of which adequate relief driver/crew shall be provided at no extra cost.

1.35(a) "TAXES AND DUTIES" means APGT Tax, Road Tax, Fitness Fee, Road Permit Fee, Registration Fee, Inter-State Permit Fee for vehicle(s)/equipment and crew etc. as may be due and payable by the Transport Supplier entirely at his/her own cost towards operation of the services envisaged under this agreement.

Service Tax, if applicable, shall be to the Company’s account. However, Service Tax portion payable directly by the Service Provider (if applicable) shall be reimbursed to the Contractor on the basis of documentary evidence.

Contractors are required to raise monthly Service Tax Invoices for reimbursement of Service Tax against the contract. In absence of Service Tax Invoices, Service Tax will not be reimbursed and the consequences of the same shall rest entirely upon the Contractor.

1.35(b) Taxes and duties shall also mean deduction of Tax at source from the payments made to the Transport Supplier towards operation of the services envisaged under this Agreement at the rates as may be in force from time to time under the Income Tax Act, 1961 or any other Act which requires deduction of tax at source which may be in force from time to time.

1.36 Substantial control of the vehicles hired against this tender / contract will rest with the contractors.

2.0 DESCRIPTION OF WORK: -

2.1 All work performed by the Transport Supplier shall be continuous, on day to day basis as set down in Schedule of Service, Units and Rates described in Part-II (SOQ) hereof which Part-II (SOQ) forms and constitutes part and parcel of this Agreement, read in conjunction with the particular specification and instruction contained in Part-III (SCC) hereof which Part-III (SCC) also forms and constitutes a part and parcel of this Service Agreement. All the 3(Three) Parts of this service agreement will be read and construed together with the related Annexure.

2.2 Transport Supplier shall provide the transport service with vehicle(s)/equipment as determined in Part- II(SOQ) hereof and shall be responsible for all actions necessary for day to day running and maintaining the

(13)

services on a continuous basis in an efficient and adequate manner. The Transport Supplier shall be responsible for timely payment of all applicable taxes, fees, insurances for smoothly operating the services envisaged under this agreement including all capital investments and operating expenses as may be necessary and incidental in relation thereto.

2.3 The rates agreed/accepted by the Transport Supplier as set-out in Part-II(SOQ) hereof are inclusive of all expenses mentioned hereof and such other similar charges as may be required including payment to his/her operator(s), Driver(s), Crew and other staff as per the provisions of the Motor Vehicles Act, 1988 and other Statutory Acts. The rates stipulated in Part-II (SOQ) hereof shall be firm and final and no escalation whatsoever except as may be stipulated otherwise shall be admissible on any account.

2.4 The Transport Supplier shall supply and maintain the services of all vehicles EVERY DAY with Operators, Driver(s), Attendant(s), Helper(s) / Jugalees/Mazdoor(s) (wherever applicable) as may be required by the Company.

2.5 The Transport Supplier shall hereby undertake to pay to his/her Crew/Staff reasonable/fair wages which are not less than the wages payable under the Minimum Wages Act as applicable to Motor Transport Workers in the area of operations of the Company as may be in force from time to time during the currency of this Agreement. He further undertakes to pay all his/her operating staff working under this Agreement the due wages in time including any arrears of wages which may arise due to amendments in future to the above mentioned Act.

3.0 MANNER OF CONDUCTING WORK: The Transport Supplier shall carry out all operations hereunder with due diligence, in a safe and workmen like manner and in accordance with the accepted practice and safety rules of the Company in the area of its operations.

4.0 OBLIGATIONS OF THE TRANSPORT SUPPLIER:

4.1 The Transport Supplier shall observe and abide by all the Statutory Acts and shall be primarily and solely responsible for observance of the rules and regulations stipulated hereunder.

4.2 The Transport Supplier shall be responsible and liable for all claims, monetary or otherwise, arising out of the use of vehicle(s)/equipment or operations of the services envisaged under this agreement including liability under the Statutory Act or any other liability as may arise due to operation of this agreement and the Company shall not be held liable or responsible for any such claim in any manner whatsoever. The Statutory requirements and obligations to be performed under the Statutory Acts affecting the operations of the services under this Agreement shall have to be performed by the Transport Supplier only and shall be his/her sole responsibility. Be it stated particularly that the Transport Supplier hereby undertakes to fully implement entirely at his/her own cost all the provisions of the Motor Transport Workers Act, 1961 and other Statutory Acts as may be in force from time to time and the rules framed there under as may be applicable to the operation of the service envisaged under this agreement in the area of operations of the Company.

4.3 The Company shall not be liable for any dues, statutory or otherwise claimed by the employees/workmen employed by the Transport Supplier for the services rendered under this agreement and all such claims, statutory or otherwise or operation of any settlement or award in favour of the employees/workmen employed by the Transport Supplier will be solely against the Transport Supplier and not against the Company. Be it expressly stated that any demands whether present or future by the employees deployed by the Transport Supplier against the services envisaged under this agreement shall have to be settled and satisfied by the Transport Supplier solely and in the event of any loss or inconvenience or disruption that may result because of any non-settlement of such demands which may lead to a disruption of service envisaged under this Agreement shall also be deemed as a default.

4.4 The Company shall neither entertain any demands from the employees of the Transport Supplier nor deal directly or indirectly with any recognised or un-recognised unions of such employees. Be it expressly stated that it shall be primarily and solely the responsibility of the Transport Supplier to deal, interact and settle any demands or disputes of his/her employees individually or through any unions or otherwise and the Company shall not mediate in this matter at all.

4.5 Any unsettled disputes between the Transport Supplier and his/her employees leading to a legal or illegal strike by them would have to be settled by the Transport Supplier expeditiously. In the event of such a strike, whether legal or illegal, the vehicle(s)/equipment shall be treated as shut down. Any failure on the part

(14)

of the Transport Supplier to settle the disputes expeditiously or with reasonable dispatch which results in interruption of the services envisaged under this Agreement would be considered as a default under this agreement and the agreement would be terminated at the discretion of the Company. The Transport Supplier shall, however, be given reasonable opportunity by the Company to explain that the cause of the dispute was not due to delay on his/her part or due to failure to implement the statutory obligations under the Statutory Acts as stipulated hereof. In the event if it is proved that the Transport Supplier was in default as mentioned here above, the Company shall have the option to terminate the Agreement forthwith and the Transport Supplier shall not be entitled to any damages or compensation whatsoever on account of such termination.

4.6 The Transport Supplier shall ensure that the vehicle(s)/equipment deployed under this service agreement do not cause any damage to the Company's properties. In the event of any such damages, the cost of repair in respect thereof as determined by the Company's Engineer shall be deducted from the Transport Suppliers outstanding bills. The Company's decision in this regard shall be final and binding.

4.7 Any normal hours/timings of duty will be decided by the Company's Engineer and shall be binding on the Transport Supplier. The normal hours of duty/timings may be changed from time to time at the discretion of the Company and the Transport Supplier shall be obliged to accept such changes.

4.8(a) The Transport Supplier will park the vehicle(s)/equipment at his/their own parking yard or at Company's yard as directed by the Company's Engineer at the end of the day's work. The Transport Supplier found violating this will be liable for breach of Contract.

4.8(b) The Transport Supplier may be asked by Company's engineer to make his/their own arrangement for parking the vehicle/equipment within 5(five) km. from the Industrial Gate of the base station on round the clock basis with ready availability of the services of the crew in such a manner that the vehicle(s)/equipment can be deployed for any specified duties immediately on receipt of the instructions from the Company's Engineer.

4.9 The Transport Supplier must place the vehicle(s)/equipment for duties in time on any particular day as per the instructions of the Company's Engineer. In the event of failure to adhere to the foregoing or in the event of unauthorised release of vehicle(s)/equipment before completion of the normal duty hours, the vehicle(s)/equipment shall be treated as shut down and will attract the liquidated damages for each such failure.

4.10 The vehicle/equipment should be supplied with the services of Operator / Drivers / Handymen / Helpers / Supervisor /Attendant on duty hours basis, cost in respect thereof is included in that fixed charge per month as per clause No.1.15.

4.11 The Transport Supplier shall keep the vehicle(s)/equipment roadworthy throughout the contract period by complying with the statutory requirement, failing which the vehicle(s) will be treated as shut down.

4.12 The Transport Supplier should ensure that the Driver(s)/Helpers/Jugalees/Mazdoors (as applicable) are available every day, i.e. on Holidays, Sundays, off days or during leave of the regular drivers/crew as per the requirements of the Company's Engineer. In the event of failure to do so would tantamount to a default and the vehicle(s)/equipment shall be treated as shut down, in which case the liquidated damages shall be deducted from the Transport Supplier.

4.13 The Transport Supplier must maintain a register incorporating particulars with the name(s) of the Operator / driver(s) / handymen / Attendant(s) / Crew engaged by the Transport Supplier and the aforesaid be required to sign the register maintained for this purpose, for monitoring their daily attendance, off days;

holidays and leave roster etc. This will ensure proper roster of the crew in respect of compliance with the various Statutory Acts. This register must be available for inspection by the appropriate authorities as and when required. The Transport Supplier will be required to submit a certificate to the Company every month along with the Monthly Statement-Cum Bill in the specified format to the effect that all statutory requirements effecting the operations of the service under this agreement under various Statutory Acts have been complied with.

4.14 The Transport Supplier shall undertake only journeys authorised by the Company's Engineer. Any unauthorised journeys shall be treated as breach of Contract and shall attract penalty for each such occurrence without prejudice to the Company's right to terminate the agreement without any compensation to the Transport Supplier on any account whatsoever.

(15)

4.15 The Transport Supplier would be required to submit the statement of payments made to his/her crew employed on the Service envisaged under this agreement as and when required by the appropriate authorities.

4.16 The Transport Supplier shall indemnify the Company against any claims by the driver(s)/crew on account of payment of wages, bonus, perquisites etc.

4.17 The Transport Supplier shall operate the service envisaged under this Agreement in an efficient, workmen like manner as per the instructions of the Company's Engineer. The Transport Supplier shall abide by the Company's Engineer instructions always and ensure continuous uninterrupted service on day-to-day basis.

5.0 PARTICULARS, SPECIFICATIONS AND INSTRUCTION TO THE TRANSPORT SUPPLIER:-

5.1 The Transport Supplier shall instruct his/her crew suitably to ensure that while driving speed limits as enforced are necessarily observed. Any violation of law due to crossing of the speed limits shall have to be addressed by the Transport Supplier entirely at his/her own cost.

5.2 The vehicle(s)/equipment described/set out in Part-II hereof must be equipped with all standard fittings, accessories, instruments etc., and shall be at all times fully conform with all provisions of the Motor Vehicles Acts, 1988.

5.3 The vehicle(s)/equipment must all times be comprehensively insured against all risks.

5.4 The Operators / Driver(s) must possess valid and relevant professional licenses.

5.5 The vehicle(s)/equipment must be registered with the DTO and periodic requirements of fitness, test, must be complied with the evidences produced to the Company's Engineer in this regard as and when required by him.

5.6 The vehicle(s)/equipment must at all times be licensed by the appropriate Govt. authority having jurisdiction in the operating areas of the Company to ply on commercial basis and to carry passengers including crew and goods as applicable and within the designed load capacity.

5.7 The Transport Supplier must ensure timely renewals of all licenses and permits and certificates within the due dates.

5.8 The Transport Supplier shall provide at his/her own cost the accommodation/housing for his/her employees, sheds for repairing and servicing of vehicle(s)/equipment, land/garages for parking of the vehicle(s)/equipment (wherever applicable) in and around the base station.

5.9 During the course of the day-to-day operations, the vehicle(s)/equipment may be required to ford or ferried through various rivers. The Transport Supplier will not object to such crossing and shall not be entitled to any additional charges.

5.10 The vehicle(s)/equipment must be maintained in first class road worthy condition along with uniform standards of safety and comfort to passengers as initially provided for at the time of acceptance of the vehicle(s) on the date of placement.

5.11(a) Hour meter, Speedometer and kilometreage gauge must be maintained at a high standard of accuracy. Any defects noticed by the Company's Engineer at the initial and subsequent periodic inspections must be rectified forthwith by the Transport Supplier at his/her own cost. Until such rectification, the readings of the instrument will be subject to such correction factor as may be determined by the Company's Engineer.

The Company's decision in this regard shall be final and binding on the Transport Supplier.

5.11(b) Monthly payments shall accordingly be regulated according to the corrected readings.

5.12 All employees of the Transport Supplier who are deployed under this service agreement must observe the security and safety rules of the Company as mentioned in Part-III (SCC) clause 27- General HSE when

(16)

working inside the declared prohibited areas or otherwise. Any individual found to be objectionable from security considerations must be replaced by the Transport Supplier.

5.13 All vehicles / equipment must carry special nameplates or marking for the purpose of identification as directed by the Company's Engineer. Wherever required, all vehicles must also be provided with the towing hook. All expenses on account of the foregoing shall be borne by the Transport Supplier entirely on his/her own cost.

5.14 The Transport Supplier shall not refuse the vehicle(s)/equipment to be driven by the Company's operator / driver(s) / officer(s) in case of emergency when Transport Supplier's operator / driver(s) is/are not available for any reason.

5.15 The Transport Supplier shall not refuse parking of any vehicle at such places as may be directed by the Company's Engineer.

5.16 "OIL INDIA LIMITED" must be painted prominently in the wind glass frame and number plate of all vehicles.

5.17 The Transport Supplier shall furnish together with related power of attorney the names and specimen signature(s) of the authorised representative(s) who will be overall in charge of the Transport Supplier's organisation to carry out its obligations including preparation of bills, receipts of cheques etc.

5.18 The Transport Supplier's representative(s) shall report every day to the Transport Office of the Company for receiving instruction for duties of equipment / vehicle allotted for the day-to day operations.

5.19 The Transport Supplier must furnish to the Company upon initial placement of the equipment / vehicle(s), the name(s) of the Operators, Supervisor(s), Driver(s), Handymen, Helper(s), crew as may be applicable together with particulars of their driving license(s) etc. In case any changes are made in the crew deployed under this agreement at any time during the tenure of this contract, the Transport Supplier must notify the Company in writing and furnish similar particulars as required hereof in respect of the replacement(s).

6.0 RIGHTS OF COMPANY'S ENGINEER:-

6.1 The Company's Engineer shall upon initial placement of equipment / vehicle(s) check all the relevant documentation and duly inspect/test the same before accepting it for the services under this agreement. Such inspection/test shall be carried out entirely at the Transport Suppliers' risk and cost. Any equipment / vehicle found deficient or defective in any manner will not be acceptable till such deficiency is completely rectified to the satisfaction of the Company's Engineer.

6.2 The Company's Engineer shall arrange for allocation of the equipment / vehicle(s) duty to the various departments if so desired.

6.3 Upon deployment of the equipment / vehicle(s) to a specified department if required, the transport service shall have to be provided by the Transport Supplier to the satisfaction of the Company's Engineer.

6.4 The Company's Engineer shall have power amongst others as follows:-

a) Fix the normal duty hours/timings of the Transport Supplier and regularly monitor the same;

b) Instruct the Transport Supplier from time to time for such further inspection as may be necessary for the proper and adequate supply of services and for keeping such records as are deemed necessary.

c) Instruct the Transport Supplier to replace by more suitable hands any of his/her crew engaged for running/operating the equipment / vehicle(s) or for general management of the service when such person is found unsuitable for the purpose of rendering efficient service to the Company under this agreement. Be it expressly stated that the Company shall not be responsible or liable in the event of any action by the Transport Supplier against his/her employees or workmen in any manner whatsoever arising out of their removal or replacement.

d) Instruct the Transport Supplier to remedy breach of contract and levy any penalty in relation thereto.

(17)

e) Refuse the services of any equipment / vehicle(s) found in deteriorated conditions and order the Transport Supplier to rectify the defects or arrange for replacement till such default is remedied.

f) Instruct the Transport Supplier to park the equipment / vehicle(s) at a specified place within the Company's premises or at the Transport Supplier's works.

g) Instruct the Transport Supplier to utilise the services beyond the stipulated hours of service.

h) Instruct the Transport Supplier to undertake authorised journeys to specified destination(s) and carry the authorised passengers or goods as the case may be.

i) Instruct the Transport Supplier to go out of station for overnight halt(s).

j) Undertake periodic inspection of the equipment / vehicle(s) as per programmed as may be decided by him/her. Such inspection shall be carried out in the presence of the Transport Supplier or in presence of his / her authorised representative. Such inspection/ test carried out by the Company shall be at the Transport Supplier's cost and risk.

k) Instruct the Transport Supplier to remedy/rectify expeditiously and defects revealed upon periodic inspection/test carried out by the Company. Such rectification shall be at the Transport Supplier's cost entirely.

l) Instruct the Transport Supplier to remove the equipment / vehicle(s) in respect of which the defects as aforestated which have been detected upon inspection/test periodically by the Company which have remained unrectified.

m) Instruct the Transport Supplier to remove the equipment / vehicle(s) in respect of which defects have been found upon periodic inspection from the service under this agreement till such time as the same are rectified.

n) Check the hour meter, speedometer and kilometer readings and notify any defects and determine any correction factor on the statement-cum-bill in case the readings are found to be defective.

o) Instruct the Transport Supplier to furnish the names of all operator, driver(s) and crew with full particulars at the time of commencement of the service or on any occasion when such operator / driver(s)/crew are required to be replaced for any reason.

p) The Company's Engineer shall clearly indicate the total shut down hours in a month due to maintenance of the equipment / vehicle(s) and/or default with reason in the monthly statement which will be treated as final for determining liquidated damages or penalty, if any.

6.5 The Transport Supplier would at all times obey the instructions of the Company's Engineer and ensure compliance of the above mentioned orders and instructions.

7.0 SECURITY DEPOSIT:

7.1 The transport supplier shall upon acceptance of the tender, pay to the Company within two weeks of issue of Letter of Award (LOA) a Security Deposit amounting to 7.5% of one year contract value (for Hiring the service of Cranes) / 2.5% of total contract value (for Hiring the services of vehicles & equipments other than Cranes) by way of DEMAND DRAFT/ BANKER'S CHEQUE/BANK GUARANTEE valid beyond six months of the full tenure of the contract, in favour of OIL INDIA LIMITED, DULIAJAN and payable at Duliajan from any Nationalised Bank as a guarantee against timely placement of all vehicles in an acceptable condition and as a guarantee towards smooth operation of the services envisaged under the agreement. This money shall not bear any interest and will be refunded only upon successful completion of the tenure of the contract (including any extension being granted) after deduction/recovery, if any. Failure to provide the aforesaid security amount would render the party liable for rejection and in turn forfeiture of EMD apart from any other actions the company may take at its sole discretion.

7.2 The Security Deposit shall be forfeited in case of the occurrence of the following events:-

a) In case of non placement of equipment/ vehicle(s) as per agreement, in full at the sole discretion of the Company.

b) In case of any event occurring as envisaged in clause No.8.1 hereof;

and/or

c) In case of any event occurring as envisaged in clause No.9.0 hereof, where the outstanding bills are not adequate to recover the damages to the extent of such shortfall;

d) In case of premature termination due to default or breach of contract by the Transport Supplier.

7.3 In the event of an occurrence as envisaged in clause No.7.2 (b) & (c), the Transport Supplier will have to furnish additional Security Deposit in the manner prescribed to the extent of amount forfeited. Failure on the

(18)

part of Transport Supplier to comply with this would render this agreement liable for termination whether partially or fully at the sole discretion of the Company, without prejudice to the right of the Company to take any other action or such default including but not limited to forfeiture of the entire security deposit. The Transport Supplier shall not be entitled to any damages or compensation whatsoever on account of such termination.

7.4 Provided that in case of delay beyond 3(Three) months from the due date of placement, this agreement shall automatically stand terminated to the extent of the non-performance. This will be without prejudice to the right of the Company to terminate the agreement earlier with 1(One) month's due notice. The Transport Supplier will not be entitled to any damages or compensation whatsoever on account of such termination.

8.0 The Transport Supplier shall commence the supply of regular and continuous service by placing the equipment / vehicle(s) as per this agreement on and with effect from the due date of placement. Any delay in placement of equipment / vehicle(s) for whatsoever reasons beyond the stipulated due date of placement will call for forfeiture of Security Deposit as stipulated hereof without prejudice to any other rights of the Company reserved in this Agreement.

8.1 The Transport Supplier shall supply and maintain the services of all the equipment / vehicles in normal service EVERY DAY with drivers and attendant crew (wherever applicable) as required by the Company. In the event of a default leading to a shut down, the Transport Supplier shall not be paid the daily pro-rata fixed charge for the day(s) or part thereof and also be liable to pay to the Company liquidated damages. Such damages will be recovered normally from the Transport Supplier's outstanding bills for the specific shut down vehicle(s). However, in case the outstanding bill for such shut down vehicle(s) (kept off road) is not adequate for such recovery, the Company will have the right to recover the damages from the bills of other vehicles under the agreement, if any. This is without prejudice to the Company's right to recover the amount in any other manner as laid out in the law including appropriation of the Security Deposit towards such outstanding.

8.2 In case of default not leading to shut down, the Company's Engineer shall notify the Transport Supplier to remedy the default within reasonable time and till such default is remedied, if necessary the vehicle(s) shall be released to the Transport Supplier, whereupon it shall be treated as shut down and the pro- rata fixed charge per day shall not be paid for the period of shut down and liquidated damages/penalty as applicable shall be levied too.

8.3(a) In case of accidents and consequent non-availability of equipment / vehicle(s), pro-rata fixed charges will be deducted but the same will not attract liquidated damages if the Transport Supplier notifies in writing to the Company with adequate proof about the accident, copy of FIR (FIRST INFORMATION REPORT) lodged by the Transport Supplier, MVI(Motor Vehicle Inspector) report and copy of garage certificate(in case of damage of vehicles) shall be required as mandatory in addition to other proof to be submitted and accepted by Head-Transport. If satisfied with the documents submitted, Head-Transport shall waive the liquidated damage and his decision in this regard shall be final and binding on the part of the contractor. However, this will not be applicable in case of:-

(i) Accidents caused by rough/rash driving or because of negligence of the driver engaged

(ii) Where a FIR is lodged by a third party and services of the equipment / vehicle(s) is/are not available for formalities to be observed as per the laws of the land. In such a situation the equipment / vehicle(s) will be treated as shut down and will attract liquidated damages in addition to deduction of pro-rata fixed charges.

8.3(b) In case of accidents or otherwise leading to damage/breakdown of the equipment / vehicle(s) the time required to repair and place back the equipment / vehicle(s) into Company's service shall be decided by the Company's Head-Transport which shall be final and not alterable. On expiry of such allotted time, pending placement of equipment / vehicle(s) liquidated damages will be recovered in addition to the deduction of pro- rata fixed charges.

8.3(c) In case of Bundhs, Rasta Roko, and Strike etc. called by other organisation and if the equipment / vehicle(s) is/are not available for operations due to absence of operator / driver or otherwise the equipment / vehicle(s) will be treated as shut down and pro-rata fixed charge will be deducted. However, if Company feels such shut down could have been avoided liquidated damages will be imposed and shall be recovered from the subsequent bills of the Transport Supplier with proper intimation. It is to be clearly understood that 48(Forty

References

Related documents

b) Instruct the Contractor from time to time for such further inspection as may be necessary for the proper and adequate supply of services and for keeping

b) Instruct the Transport Supplier from time to time for such further inspection as may be necessary for the proper and adequate supply of services and for keeping such records as

b) Instruct the Contractor from time to time for such further inspection as may be necessary for the proper and adequate supply of services and for keeping

a) Allocate the jobs to be carried out on a daily basis for the vehicles and regularly monitor the same. b) Instruct the Contractor from time to time for inspection as may

Sealed Tenders are invited from reputed manufactures/authorized dealers/suppliers for Supply, installation and commissioning of Supply, installation and commissioning of

required number of samples for test or analysis at such time and to such places as may be directed by Registrar and bear all such charges, such samples shall also be

required number of samples for test or analysis at such time and to such places as may be directed by Registrar and bear all such charges, such samples shall also be

required number of samples for test or analysis at such time and to such places as may be directed by Registrar and bear all such charges, such samples shall also be